Neff v. State

Plaintiff in error, Walter Neff, was convicted in the district court of Ottawa county, on a charge of transporting whisky, second offense, and his punishment fixed at a fine of $500 and imprisonment in the penitentiary for a term of two years. From the judgment rendered on the verdict, on May 19, 1923, an appeal was perfected by filing in this court on November 16, 1923, a petition in error with ease-made.

Since the appeal was taken, and before tbe final submission of the cause, suggestion of tbe death of tbe plaintiff in error, Walter Neff, has been made. In a criminal action, tbe purpose of…